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2020-07-24_GENERAL DOCUMENTS - C1980004
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2020-07-24_GENERAL DOCUMENTS - C1980004
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Last modified
1/8/2025 6:21:48 AM
Creation date
7/27/2020 10:36:57 AM
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DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
7/24/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Notice of Agenda For Expedited Virtual Hearing on the First Day Motions Scheduled for July 24, 2020
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
Archive
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Case 1:20-bk-12043 Doc 3 Filed 07/22/20 Entered 07/22/20 17:38:25 Desc Main <br /> Document Page 37 of 42 <br /> permitted to continue to maintain the Bank Accounts and, if necessary, to open new accounts and <br /> close existing accounts in the normal course of business operations (with advance written notice <br /> to the U.S. Trustee and DIP Lenders). <br /> 85. Accordingly, the Debtors request that this Court waive the strict enforcement of <br /> the requirement that the Debtors open new bank accounts. The Debtors further request that the <br /> Bank Accounts be deemed debtor-in-possession accounts and the Debtors be authorized to <br /> maintain and continue using these accounts in the same manner and with the same account <br /> numbers, styles and document form as those employed during the pre-petition period. <br /> 86. If the relief requested herein is granted, the Debtors will implement appropriate <br /> mechanisms to ensure that no payments will be made on any debts incurred by them prior to the <br /> Petition Date, other than those authorized by this Court. To prevent the possible inadvertent <br /> payment of pre-petition claims, except those otherwise authorized by this Court, I submit that the <br /> Debtors will work closely with the Banks to ensure appropriate procedures are in place to <br /> prevent checks issued pre-petition from being honored absent this Court's approval. <br /> 87. Although the Debtors seeks authorization to utilize and retain its existing checks <br /> and Bank Accounts, the Debtors will maintain their books and records so as to provide a clear <br /> line of demarcation between pre-petition and post-petition transactions and operations. If the <br /> relief requested in this motion is granted, the Debtors will not pay, and each of the Banks will be <br /> directed not to pay, any debts incurred before the Petition Date, other than as authorized by this <br /> Court. <br /> 88. The UST Guidelines also state that disbursements other than by numbered check <br /> are prohibited. The Debtors are seeking relief from this requirement. The Debtors sometimes <br /> disburse funds by, among other avenues, debits, wire transfers and by initiating automated <br /> 37 <br />
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